How do you get a misdemeanor expunged in Texas? (2023)

How do you get a misdemeanor off your record in Texas?

You must petition the court, requesting the removal of the offense from your record. If you have complied with all required conditions such as serving jail time, community service hours, and paying fines and restitution, then the court will grant your petition.

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Who qualifies for expungement?

You can apply to have your criminal record expunged when: a period of 10 years has passed after the date of the conviction for that offence. you have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years.

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Do I qualify for expungement in Texas?

Any crime that you are charged within Texas for which you are found not guilty by a judge or jury (acquitted by the trial court) is eligible for expunction.

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How much does it cost to expunge a Class A misdemeanor in Texas?

Part of the expungement cost is the filing fee charged by the court, typically around $300, which is required for any record expungement or expunction. The average lawyer expungement cost for record expungement in Texas is around $1,500. Some lawyers charge upwards of $3,000 to expunge criminal records.

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How long does misdemeanor stay on background check Texas?

Class A and B misdemeanors: 1 year. All felonies: 3 years.

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Do misdemeanors show up on background checks in Texas?

If you are convicted of a misdemeanor, criminal background checks will reveal them unless prohibited by state law. These background checks also reveal pending criminal cases, history of incarceration, and some checks may also reveal arrests.

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Do I need a lawyer to expunge my record in Texas?

Most people can file and successfully process their own Texas expungement forms without the assistance of a lawyer. All you need is the proper forms and easy step-by-step instructions to complete your Texas expungement.

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How can I clean my record in Texas?

To obtain an expunction, you or your defense attorney must to file a petition with the court. The state must also be notified. If you meet the requirements, the judge must grant the petition and order the records expunged.

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How long does it take to get a case expunged in Texas?

In most instances, it takes about 30 days to schedule a hearing date after the petition for expunction is filed. The entire process usually takes from four to six weeks. If the court grants an expungement, it usually takes up to 180 days for local, state, and federal agencies to destroy their records.

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Can you remove a Class A misdemeanor in Texas?

Class A and Class B misdemeanors may be expunged after one year from the date of the arrest. To be successfully expunged, the person arrested must also be acquitted, have their charges dismissed, or be pardoned by the governor after being found guilty.

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Do misdemeanors go away after 7 years in Texas?

Legally speaking, a misdemeanor is on your record for life. However, in some cases, background checks will only go back a certain number of years. For instance, in Texas, there is a “seven-year rule” in place.

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Do I have to disclose an expunged misdemeanor in Texas?

People with an expunged record do not have to disclose it on the job application. They can deny that they were arrested if they are asked. The only exception is if they are asked in a criminal proceeding, under oath. In these cases, they only have to say that the record has been expunged.

How do you get a misdemeanor expunged in Texas? (2023)
Can I get a job with a misdemeanor in Texas?

Yes, anyone with a misdemeanor on their criminal background can still get a job. However, they may find it is more difficult than if they did not have a prior conviction. The obstacles that come with a prior misdemeanor, however, are far less severe than if the prior conviction was for a felony.

Does Texas follow the 7 year rule?

How Many Years Back Does a Background Check Go in Texas? In the state of Texas, criminal background checks generated by an employer can go back seven years into an applicant's criminal and personal history.

What is the statute of limitations for misdemeanors in Texas?

12.02. MISDEMEANORS. (a) An indictment or information for any Class A or Class B misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward.

Can you be a teacher with a misdemeanor in Texas?

So, to answer the question: Can you be a teacher in Texas with a misdemeanor? Yes, technically you can be. This being said, it's still a very high possibility that you can be let go from your position, especially if the offense occurred during your employment.

What causes a red flag on a background check?

If there is a felony on your criminal record, it could be a red flag for employers. A history of violent crimes, sexual offenses, robberies, or serious drug offenses can make it difficult to pass a background check. However, it can still be possible to get a job even if you have a criminal history.

How many types of misdemeanors are there in Texas?

A "misdemeanor" in Texas is defined as a criminal charge that carries a potential jail sentence of less than one year. Texas misdemeanors are classified into one of three different categories: Class A, Class B, and Class C. Each carries its own punishment ranges, ranging from more serious to less serious.

Can police see expunged records in Texas?

Nobody can see expunged records. Expungement completely removes these records, so they don't even exist. When a judge grants your request for criminal record expungement, all the agencies that have records on you must either destroy them or give them to you – so there's nothing for anyone to see.

How much does it cost to get charges expunged in Texas?

How Much Will It Cost to Expunge My Criminal Record in Texas? As a general rule, it costs more to expunge a felony than a misdemeanor. The expungement of a felony will customarily cost a minimum of $1,000, but may cost upwards of $2,500 or even more. Misdemeanors can usually be expunged for $1,000 or less.

What happens during an expungement hearing in Texas?

When the hearing takes place, the respondents will be allowed to attend the hearing and contest the expunction. This means that the respondents may get to make a case against granting an expunction. If the court believes that the defendant meets all of the requirements, the court will agree to grant the expunction.

How can I get my record expunged in Texas for free?

Attorneys with TLSC's Transactional Legal Assistance Project can help low-income Texans request an expunction of their arrest record for free. See the TLSC website for details and information on how to apply for this service.

How do I remove dismissed charges from my record?

After your charges are dismissed from the court and the statute of limitations has expired for your case, you can ask the court to expunge the arrest record and court files. Getting a case expunged is like taking the trash can containing the dismissed case outside and burning it. All official records are destroyed.

Who can see my expunged record in Texas?

This is a state process, so the federal government can still access and use your sealed criminal records against you. Furthermore, all law enforcement agencies and some other state agencies will still have access to your sealed records (the full list of agencies can be found at Texas Government Code Sec. 411.0765).

How much does it cost to get a Class C misdemeanor expunged in Texas?

The cost of the Class C expunction should cost around $1,000. This price may or may not include filing fees. Talk with your lawyer while your Class C case is still active so that you can look to the future for an expunction.

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